G.L. c. 148, § 39 — A Broad Ban on Possession, Use, and Sale
Fireworks are illegal for private citizens in Massachusetts. Under G.L. c. 148, § 39, it is a crime to possess, control, use, explode, or cause to explode almost any item designed to produce a visible or audible effect by combustion, explosion, detonation, or deflagration. The ban is broad, covers items many people consider harmless (including sparklers), and applies even to fireworks lawfully purchased in another state and brought into the Commonwealth.
This article explains the definition of fireworks, the elements of the offense, the different penalties for possession versus sale, practical enforcement issues, and common defense considerations.
Are Fireworks Illegal in Massachusetts?
Yes. Private citizens may not sell, keep or offer for sale, possess, control, use, explode, or cause to explode any fireworks. Only licensed professionals with the proper permits from the State Fire Marshal and local fire department may handle certain displays. The law is strict and is enforced year-round, not just around the Fourth of July or New Year’s Eve.
What Counts as a Firework?
The statute defines “fireworks” very broadly. It includes any combustible or explosive composition or substance, or any combination of such compositions or substances, or any other article prepared for the purpose of producing a visible or audible effect by combustion, explosion, detonation, or deflagration (rapid burning that gives off intense heat and sparks).
The law specifically lists many common items, including but not limited to:
- Firecrackers, cherry bombs, silver salutes, and M-80s;
- Torpedoes, sky-rockets, Roman candles, rockets, and wheels;
- Sparklers, colored fires, fountains, mines, and serpents;
- Blank cartridges or toy cannons in which explosives are used;
- Toy balloons that require fire underneath to propel them; and
- Any other fireworks of like construction or any device containing an explosive or flammable compound.
Because the definition is so inclusive, items that are legal in neighboring states (such as New Hampshire) are still illegal once they enter Massachusetts.
What the Commonwealth Must Prove
To convict someone of unlawful possession or use of fireworks, the Commonwealth must prove three things beyond a reasonable doubt:
- That the defendant possessed, had under his or her control, used, exploded, or caused to explode an item;
- That the item meets the legal definition of fireworks; and
- That the defendant knew he or she possessed, controlled, used, exploded, or caused to explode the fireworks.
Knowledge is a required element. The Commonwealth must show the defendant was aware of the nature of the item.
Penalties
The statute creates two different penalty levels:
Possession, Control, Use, or Exploding
A person who has fireworks in his or her possession or under his or her control, or who uses, explodes, or causes them to explode, faces a fine of not less than $10 and not more than $100. The fireworks are subject to mandatory seizure without a warrant and, upon conviction, are forfeited to the Commonwealth. There is no right of arrest for simple possession.
Sale or Offering for Sale
Selling, keeping for sale, or offering fireworks for sale is more serious. The penalty is a fine of not less than $100 and not more than $1,000, or imprisonment for not more than one year, or both. Officers may arrest without a warrant, and any fireworks found are seized and forfeited upon conviction.
Practical Enforcement Issues
Because the statute requires officers to seize fireworks without a warrant, encounters often begin with a stop or a complaint about noise or debris. Large quantities, commercial-grade material, or deteriorated fireworks may lead to involvement of the State Police Bomb Squad. Bringing fireworks across the state line from New Hampshire or another state where they are legal is still a violation of Massachusetts law and can also raise federal issues under 18 U.S.C. § 836 if done knowingly.
Common Defense Approaches
Possible avenues of defense include:
- Challenging whether the item actually meets the statutory definition of fireworks;
- Contesting knowledge—whether the defendant knew what the item was;
- Examining whether the defendant actually possessed or controlled the fireworks (especially in shared vehicles or residences);
- Raising issues about the legality of the stop or the seizure; and
- In appropriate cases, negotiating a civil disposition or a continuance without a finding given the relatively low penalty range for simple possession.
Frequently Asked Questions
Are sparklers illegal?
Yes. Sparklers are expressly listed in the statute and fall within the broad definition of fireworks.
What if I bought them legally in New Hampshire?
It does not matter. Once the fireworks are in Massachusetts, possession is illegal under state law.
Can I be arrested just for having fireworks?
For simple possession or use, the statute provides only a fine and mandatory seizure. Arrest authority exists for the sale offense.
Why Experienced Counsel Matters
Although the maximum fine for possession is modest, a conviction still creates a criminal record entry, results in forfeiture of the items, and can complicate future matters. Early advice can help protect the client’s record and address any related charges that sometimes accompany fireworks cases.
Contact Criminal Defense Attorney William J. Barabino
If you or a loved one has been charged with possession or use of fireworks, or with a related offense, early legal help is important. The Law Office of William J. Barabino provides focused criminal defense throughout Massachusetts.
Call 781-393-5900 for a confidential consultation.
Visit williambarabino.com for more information on criminal charges and defenses.
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Disclaimer: This article is for educational and informational purposes only and does not constitute legal advice. The law is subject to change, and the application of legal principles depends on the specific facts of each case. Reading this material does not create an attorney-client relationship. For advice regarding your particular situation, consult a qualified Massachusetts criminal defense attorney.
